222 Emre mu, mom, che 2, 200 mre MINISTRY OF LAW AND JUSTICE (Legislative Department) Now Delhi, the 3 February, 2013/Magha 14, 1934 (Saka) ‘THE CRIMINAL LAW (AMENDMENT) ORDINANCE, 2013 No. 3 of 2013, Promulgated by the President inthe Sixty Souther ofthe Republic of India. ‘Aa Ordinance further to amend the India Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1972. WHEREAS a Bil further to amend the Indian Penal Code; the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 was introduced in the House of the People and refered tothe Department related Parliamentary Standing Committae on Home Afar fr examination and report which is pending [AND WHEREAS Parliament is notin session and the President is satisfied that circumstances exist which render t necessary for him to take immediate action to give effect tothe provisions ofthe said Bll with certain modifications; Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the folowing Ordinance:- CHAPTER PRELIMINARY (1) Short title and commencement. (1) This Ordinance may be called the Criminal Law (Amendment) Ordinance, 2013, (2) shall come into force at once CHAPTER II AMENDMENTS TO THE INDIAN PENAL CODE 2. Amendment of section 100.- In tho indian Penal Code (hereafter in this Chapter refered to as the Penal Code), in section 100, in the clause Secondly, after the words “grievous hur” the words “including the offence of grievous hurt punishable under section 326A" shall be inserted. (45 of 1960) 3. Insertion of new section IG6A.- After section 166 ofthe Penal Code, the following section shall be insert, namely:- Public servant disobeying direction under law. “166A. Whoever, being a public servants. 8) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person forthe purpose of investigation into an offence or any other matter, oF b) knowingly disobeys, tothe prejudice or any person, any other direction of the law regulating the manner in which he shall conduct euch investigation, of €)_ fails to record any information given to him under subsection (1) ef section 154 of the Code of Criminal Procedure, 1973 and in particular in relation to cognizable offence punishable under section 354, section 364A, section 3548; section 354C, sub-section 2) of section 364D, section 376, section 376A, section 376B, section 376C, section TED or section 376E, (2 of 1974), shall be punished with imprisonment for a term which may extend to one year or with fine or with both ~ 4. Insertion of new sections 326A and 3268. After section 226 af the Penal Code, the flowing sections shall be inserte, namely ‘326A. Voluntarily causing grievous hurt by use of acid, etc.- Whoever causes permanent or partial damage or deformity to, or buns or maims or dsfigures or disables, any part or parts ofthe body of a person or causes grievous hurt by throwing acd on or by administering acd fo that person, oF by using any other means with the intention of eausing or withthe knowledge that he is kely to ‘cause such injury or hurt, shal be punished with imprizonment of either description fora teem which shall not be less than ten years but which may extend o imprisonment fr life and vith fina which may extend ta ten lakh rupees: Provided that any fine imposed under this section shall be given tothe person on whom acid was thrown orto whom acid was ‘administeredane tebe Tams, ome, che 2, 200%. 228, 3268. Voluntarily throwing oF attempting to throw acid: Whoever throws or atlempls to throw acid on any person or allempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or bums or maiming oF disfigurement or dsablity or grlevous hurt to that person, shall be punished with imprisonment of ether description fora term which shall not be less that five years but which may extend to seven years, and shal also be liable to fine Explanation 1. For the purposes of section 226A and thie section, “acid” includes any substance which has acidic or corrosive character or buming nature, that is capable of causing bodly injury leading to scars or disfigurement or temporary oF permanent disabiliy Explanation 2.-"Permanent.vor partial damage” includes deformity, or maiming, ot burning, or disfiguring, or disabling any part or pars ofthe body ofa person. Explanation 3.- For the purposes of section 326 A and this section, permanent or partial damage or deformity shall not be required to be irreversible: 5, Amendment of section 254. In section 354 of the Penal Cade, forthe words “shall be punished with imprisonment of cither description for aterm which may extend to two years, oF with fine, or with both, the words "shall be punished with imprisonment of ether description fora term of ene year which may extend to five years and shall also be lable fo fine” shall be substituted. 6. Insertion of new sections 354A, 3548, 354C and 354D. After section 354 ofthe Penal Code, the following sections shall be inserted, namely ‘384A, Sexual harassment and punishment for sexual harassment. (1) The fllowing acts or behaviour shall constitute the offence of sexual harassment Lphysical contact and advances involving unwelcome and explicit sexual overtures: or iia demand or request for sexial favours; or liimaking sexually coloured remarks; oF iv forcibly showing pomography; oF -vany other unwelcome physical, verbal or non-verbal conduct of sexual nature, (2) Any person who commits the offence specified In clause () or clause (i) of sub-section (1) shall be punished with Fgorous imprisonment which may extend to five years, or with fine, or with both (3) Any person who commits the offence specified in clause (i) of clause (Wv) oF clause (v) of sub-section () shall be. punishable with imprisonment of ether description that may extend to ane year or wih fine, o with both 3848, Assault or use of criminal force to woman with intent to disrobe. Whoaver assaulls or uses criminal force to any woman or abets such act with the intention of aisrobing or compelling her to be naked In any public place, shall be punished with imprisonment of either descrintion fr a term wich shall not be les than three years but which may extend seven years and with fine, 3540. Voyeurism. Whoever watches, or captures the image of, a woman engaging in a private actin circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other perzon at the behest of the perpetrator shal be punished on fst conviction with imprisonment of either description for a term which shal not be loss than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of ether description fr a term which shall not be less than thee years, but which may extend to seven years, and shal ‘also be liable to fine Explanation 1.-For the purposes of this section, “private act” includes an act of watching caried out in a place which, inthe Circumstances, would reasonably be expected to provide privacy, and where the victims genitals, buttocks or breasts are exposed or covered only in underwear; oF the victim is using a lavatory: or the person is doing a sexual act that is not of a kind ordinarily done in publi Explanation 2.-Where the vicim consents tothe capture of images or any act, but not to their dissemination to third persons ‘and where such Image or acts disseminated, such dissemination shall be considered an offence under his section. {384D. Stalking. (1) Whoever folows a person and contacts, or altempls to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, oF whoever monitors the use by a person of th internet, email of208 Emre mu, mom, che 2, 200 mre ‘any other form of electronic communication, or watches or spies on a parson in @ manner that resis ina fear of violence or serious ‘alarm or distress in the mind of such person, of interferes with the mental peace of such person, commits the offence of staking: Provided that the course of conduct will nt amount o staking ifthe person who pursued it shows- |. that twas pursued for the purpose- of preventing or datecting crime and the person accused of stalking had beon entrusted with the responsibilty of prevention and detection of crime by the stat: or iL that twas pursued under any aw or to comply with any condition or requirement imposed by any person under any law, oF li, that Inthe particular circumstances the pursuit ofthe course of conduct was reasonable, (2) Whoever commits the offence of staking shall be punished with imprisonment of either description for aterm which shall not be less than one year but which may extend fo three years, and shal also be lable to fine.” 7. Substitution of new sections 370 and 370A for section 370, For section 370 of the Penal Code, the following sections shall be substituted, namely 370. Trafficking of person. (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (4) wansters, or (e) receives, a person of persons, by- Fest-using threats, or Secondly- using force, or any other form of coercion, oF Thirly- by abduction, or Fourthly - by practising fraud, or deception, or Fithly- by abuse of power, or Sixty by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking. Explanation 1.- The expression “exploitation” shal include, prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, Soritude, orth forced removal of organs. Explanation 2.- The consent ofthe victim is immaterial ina determination ofthe offence of taficking (2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment fora term which shall not be 128 than seven years, but which may extend to fen years, and shall algo be liable to fine (3) Where the offonce involves the trafficking of mare, than one person, it shall be punishable with rigorous imprisonment for 2 tom which shall not be less than tan years but which may extend to imprisonment for life, and shal aso be Hable to fine. (4) Where the offence involves, the trafficking of @ minor, it shall be punishable with rigoraus imprisonment fora term which shall not be lass than ten years but which may extend to imprisonment for fe (6) Where the offence involve the trafficking of more than one miner atthe same ime, it shall be punishable with rigorous Imprisonment fora trm which shall not be loss than fourteen years but which may extend to imprisonment for life (6) When a public servant including police officer is involved In the tafik ing of @ minor then such public servant shall be punished with imprisonment orf, which shall mean the remainder ofthat person's natura ite. (7) tha person is convicted of the offence of tracking of minors, on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment fr the remainder ofthat person's natural ite. TOA. Employing of a trafficked person.-(1) Whoever, despite knowing, or having reason to believe that a child has been trafficked, employs such child in any form of labour, shall be punished with rigorous imprisonment for aterm which shal not be less than five years but which may extend to seven years, and wit fin. (2). Whoever, despite knowing or having reason ta believe that all adult has been trafficked, employe such adult for labour, shall be punished with rigorous imprisonment for a team which shall not be less than three years but which may extend to five years, and shall also be lable to fine 8. Substitution of new sections for sections 375, 376, 376A, 3768, 376C and 376 D.- 76C and 3760 of the Penal Cod For sections 375, 376, 376A, 3768, the folowing sections shall be substituted, namely-mre mete cee amy, Teche, se 2, 200% DU '375. Sexual assault. A person s sald to commit "sexual assault” if that person - 22) penetrates his penis, to any extent, nto the vagina, mouth urethra or anus of another person or makes the person to do 0 with him or any other person; or 'b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of another person or makes the persan todo so wih him or any other person: or €) manipulates any part ofthe bedy of another person so as to cause penetration ino the vagina, urethra, anus or any part of body of such person or makes the person to do so with him ar any other person: or 2) applies his mouth to the peri, vagina, anus, urethra of another person or makes such person to do so with him or any ther person; 12) touches the vagina, penis, anus or breast ofthe person or makes the person touch the vagina, penis, anus or breast of that person or any other person, except where such penetration or touching is carried out for proper hygienic or medical purposes under the circumstances falling under any ofthe following seven descriptions Fat- Against the other person's wil Secondly. - Without the other person's consent Thirdly - With the other person's consent when such consent has been obtained by putting such other person or any person in whom such ether person i interested, in fear of death o of hurt Fourthly. - When the person assauited is a female, with her consent, when the man knows that he is nother husband and that her content is given because she believes that he is another man to whom she is or bellaves tobe lawfully marie. Fit With the consent ofthe other person when, atthe time of glving such consent, by reason of unsoundness of mind or Intoxication o the administration by that person personaly or through another of any slupefying or unwholesome substance, the other person is unable to understand the nature and consequences ofthat action to which such other person gives consent ‘Sistly. With or without the other person's consent, when such other person is under eighteen yaars of age. Severthly.- When the person is unable to communicate consent Explanation 1.- Penetration to any extent is "penetration" forthe purposes of this section Explanation 2.-For the purposes of this section, "vagina" shall also include labia majora Explanation 3.- Consent means an unequivocal voluntary agreement when the person by words, gestures or any form of ron-verbal communication, communicates willingness o participate in the specific act Provided that, a person whe does not physically resist tothe act of penetration shall not by the reason only ofthat fact, be regardad as consenting tothe sexual activi Excoption- Sexual intercourse or sexual acts by a man with his own wife, the wie not being under sheen years of age, is rot sexual assault 376. Punishment for sexual assault. (1) Whoover, except in the cases provided for by sub-section (2), commits sexual ‘assault, shall be punished wih rigorous imprisonment of either description ‘ora term which shall not be less than seven years but which ‘may extond to imprisonment fr life, and shal also be liable to fin. (2) Whoever, albeing a police officer, commits sexual assault- Lavthin the limits ofthe police station to which such police offcar is appointed: oF Lin the promises of any station house; oF lion @ person in such police officer's custody orn the custody of a police officer subordinate to such police officer: or (©) being a public servant, commits sexual assault on a person in such public servant's custody orn the custody of a public servant subordinate to such puble servant; oF (6) being a member of the armed forces isin the araa by virtue of deployment by the Central ora Stale Government commits sexual assault orEMPLE THRE, MoM, se 2, 9000 mie @ © o ® o 0 o cy) 0 my boing on the management or on the staf of a jl, remand home or other place of custody established by or under ‘any law for the time being in force or of, a women's or children's institution, commits sexual assault on any inmate of such jal, remand home, place or Institution; oF boing on the management or onthe staff of hospital, commits sexual assauit on a person in that hospital; or being a relative, quardian or teacher of, or a person ina posiion of trust or authoiy towards, the person assaulted, ‘commits sexual assault on such person: of commits sexual assault on a woman knowing her to be pregnant; oF Commits sexual assault on a person when such person is under eighteen years af age: or Commits sexual assault, where the person assaulted is incapable of giving consent; or being in @ postion of economic or social dominance, commits sexual assault on a person under such dominance: or commits sexual assault on a person suffering from mental or physical disabiity; oF ile commiting sexual assault causes grievous bodily harm or maims or disigures or endangers the life of a person; or commits persistont sexual assault shall be punished with igoraus imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for fe, and shal also be liable to fine. Explanation 1.- For the purposes of this sub-section - a) » a 8 “women's or children's instiution” means an institution, whether caled an orphanage or a home for neglected women oF children or a widow's home or an institution called by any other name, which is established and maintained forthe reception and care of women or children; “hospital” means the precinets of the hospital and includes the precincts of any institution for the reception and {teatment of persons during convalescence or of persons requiring medical altention or rehabilitation; “police officer shall have the same meaning as tothe expression "police" under the Police Act, 1861; (f of 1861) “armed forces" means the naval, miltary and air forces and includes any member ofthe Armed Forces constituted under any Act forthe time being in force, including the paramilitary forces and any auniliay forces that are under the conta of the Central Government or the State Government Explanation 2.- Where a person is subjected to sexual assault by one oF more persons in a group of persons acting in furtherance of their common intention, each of the persons in the group shall be deemed to have committed sexual assault within the ‘meaning ofthis sub-section, 376A. Punishment for causing death or resulting In persistent vegetative State of the victim. Whoever, commits an offence punishable under subsection (1) or sub-section (2) of section 276 and in the course of euch commission inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative stale, shall be punished with rigorous limprisonment for remainder ofthat 8 term which shall not be less than twenty years, but which may extend fo imprisonment for fa, which shall mean the person's natural life, or with death, 3768, Sexual assault by husband upon his wife during separation. Whoever commits sexual assault on his own wife, who is living separately under a decree of separation or under any custom or usage, without her consent, shall be punished with imprisonment of either description, fr a term which shall not be less than two years bul which may extend to seven years, and shal ‘also be lable to fine 376C. Sexual intercourse by a person in authoriy. Whoover,- a) > a a being in a position of authority or ina fiduciary relationship; or 2 public servant or superintendent or manager of aja remand home or other place of custody established by or under any law forthe time being in force, ora women's or children's institution: or being on the management of ahospital-or being on the staff ofa hospital, ‘and abuses such positon or fiduciary relationship to induce or seduce any person ether in the frst mentioned person's custody .or Under the first mentioned person's charge or present in the promises and has sexual intercourse with that person, such sexualmre mete cee Intercourse not amounting tothe offence of sexual assault, shal be punished with rigorous imprisonment of either description for aterm hich shal not be 18 than five years but which may extend to ten years, and shal algo be liable o fine Explanation 1. In this section, “sexual intercourse" shall mean any ofthe acts mentioned in clauses (a) to (¢) of section 375. Explanation 2.~ For the purposes ofthis section, Explanations 1 and 2to section 375 shall lso be applicable. Explanation 3.- “Superintendent, in relation toa jail, remand home or other place of custody or a women's or children’s Institution, includes a person holding any other ffce in such jal, remand home, place or institution by vitue of which such person can ‘exercise any authority oF contro over its inmates. Explanation 4.- The expressions "hospital" and “women's or chidrens institution” shall respectively have the same meaning ‘28 in Explanation 1 to sub-section (2) of section 276. 3760: Sexual assault by gang. Whore a person is sexually assaulted by one or more persons constituting @ group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of soxual assault regardless of gender and shall be punished with rigorous imprisonment fora term which shall not be less than twenty years, but which ‘may extend fo ife and shall pay compensation tothe victim which shal be reasonable to meet the medical expenses and rehabiitaion ofthe victim. Explanation- For the purposes of this section, imprisonment for life shall mean imprisonment forthe remainder of that person's natural ite, {T8E, Punishment for rept offenders. Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376C or section 376D ands subsequently convicted of an offence punishable under any ofthe said sections shall be punished with imprisonment fr life, which shall mean the remainder ofthat person's natural fe or with death ‘9, Amendment of section 509. In section 509 of the Penal Code, forthe words "shall be punished with simple imprisonment for aterm which may extend to one year, oF with fine, -r wth both, the words “shall be punished with simple imprisonment fora term hich may extend to three years and shall lso be lable to fine" shal be substituted (CHAPTER I [AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973, “10. Amendment of section S4A. In the Code of Criminal Procedure, 1973 (hereafter inthis Chapter refered to as the Code of Criminal Procedure), in section 548. the following proviso shall be inserted, namely- (2 of 1974). “Provided tha, ifthe person identiyng the person arrested is mentally or physically disabled, such process of identification shall ake place under the supervision ofa Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods thatthe person is comfortable with Provided further, that i the person identiying the person arrested is mentally r physically disabled, the identification process may be videographed” 11, Amendment of section 154. In Section 154 of the Code of Criminal Procedure, in sub-section: (1, the following provisos shall be inserted, namely: ;Provided that i the information is given by the woman against whom an offence under section 326A, section 3268, section 354, section 375, section 376, section 376A, section 3768, section 376C, section 376D, section 376E and section 508 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, as far as possible, by awoman police officer and such woman shall be provided legal assistance and also the assistance of a healthcare worker or women's organisation or both: (45 of 1860). Provided further that - 2) in the event that the person against whom an offence tender section 354, section 354A, section 354B, section 3540, section 3640, sub-section (1) or sub-section (2) of section 376, section 376A, section 3768, section 376C, section 376D or section 376E of the Indian Penal Code is alleged to have been, committed or attempted is temporarily or permanently mentally or physically disabled, then such Information shall be recorded by a police officer, at the residence of the person seeking to report such Cffence or at a convenient place of such person's choice, in the presence of a special educator or an Interpreter, as the case may be; (45 of 1860).228 Emre mu, mom, che 2, 200 mre 'b) the recording of such information may be videographed ©) the police officer shall got the statement of the person recorded by a Judicial Magistrate under clause (a) of ‘sub-section (5A) of section 164 as soon as possible”. 12, Amendment of section 160. In section 160 of the Code of Criminal Procedure, in sub-section (1); in the proviso, for the words “under the age of fiteen years or woman’, the words “under the age of eighteen years or above the age of sixty-five years oF a woman or a physically or mentally disabled person” shal be substituted 48, Amendment of section 161. In section 161 of the Code of Criminal Procedure, in sub-section (3); after the proviso, the following proviso shall be inserted, namely: Provided further that the statement of a woman against whom an offence -under section 354, section 354A, section 3548, section 364C, section 354D, section 375, section 376, section 376A, section 3768, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code is alloged to have been commited or attempted shall be recorded, as far as possible, by a woman police officer". (45 of 1860), 14, Amendment of section 164. In section 164 of the Code of Criminal Procedure, after sub-section (5), the following sub-section shall be inserted, namely (6A) (a) In cases punishable under section 354, section 254A, section 3548, subsection (2) of section 354C, sub- section (I) oF sub-section (2) of section 376, section 376A, section 376B, section 876C, section 376D or section 376E of the Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission ofthe offence is brought to the notice ofthe police: (45 of 1860), Provided that ifthe person making the statement is temporary or permanently physically or mentaly disabled, the Magistrate shall take the assistance of an interpreter or a spacial educator in recording the statement Provided further that if the person making the statement is temporarily or permanently physically or mentally disabled, the statement made by th- person, withthe assistance of an interpreter or special educator, may be videographed: (0) a statement recorded under clause (a) of a person who is temporary or permanently physically or mentally disabled shall be considered a statement in liu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker ofthe statement can be cross-examined on such statement, without the need for recording the same atthe time of trial. (1 of 1872). 15, Insertion of new section 198B. After section 198A of the Code of Criminal Procedure, the following section shall be inserted, namely "1988. Cognizance of offence. No Court shall take cognizance of an offence under section 3768 ofthe Indian Penal Code here the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constiute the offence upon @ complaint having boen fled or made by the wife against the accused husband.” 16, Amendment of section 273. In section 273 of the Code of Criminal Procedure, before the Explanation, the flowing roo shall be insert, namely:- “Provided that where the evidence of a porson below the age of eighteen years who Is alleged to have been subjected to souual assault or any other soxual offence, is to be record, the court may take appropriate measures to ensure that such person is rot confronted by the accused while at the same ime ensuring the right of cross examination of the accused” 17. Amendment of section 227. In section 327 ofthe Code of Criminal Procedure in sub-section (2), fr the words, figures ‘and laters "val of rape or an offence under section 376, section 376A, section 376B, section 376C or section 3760 of the Indian Penal Code." the words, figures and ltrs “tial of semual assault or an offence under section 376, section 376A, section 3768, section 376C, section 3760 or section 376E of the Indian Penal Code” shal be subetituied, 48, Amendment of First Schedule. In the First Schedule to the Cade of Criminal Procedure, under the heading “1 OFFENCES UNDER THE INDIAN PENAL CODE". (a) alter the entries relating to section 166, the following entries shal be inerted, nameane 2 1 2 3 4 5 8 tea | Puble servant Imprisonment for one | Nor-cognizabie | Balable Magistrate of the isobeying direction | year or ne or with frst class” under law both (Patter the ents eating to section 326, the following entries shal bo inserted, namely 1 2 3 4 5 6 aaa | Voluntary causing | Imprisonment for not | Cogrizable Non-ballable Court of Session ievous hut by use | oss than ton years but of acid, et which may extend to imprisonment for ite and fine of 10 lakh rupees. 3268 | Voluntary throwing or | Imprisonment for five | Cogrizable Non-ballable out of Sessiont attempting to throw | years but whieh may acid extend to seven years and ine (€) the entries relating to section 354, the flowing ents shal be substituted, namely 1 2 3 4 5 8 rasa | Assaut or use of | imprisonment of 1 | Cogrizable Non-ballable Any Magistrate criminal force to | year which may woman with intent to | extend to 5 years, and outrage her modesty._| with fine 3544 | (1) Sewalnarassment | imprisonment which | Non-Cognzabie | Balaie Any Magistrate of the nature of | may extend to 5 year trwolcome physical | or with fine or with contact and aevances | both or a demand or request for somal favours (2) Sexual harassment | imprisonment which | Non-Cognizabie | Balabio Any Magistrate of the nature of | may extend to 1 year making sexually | oF wth fine or with coloured remark or | both showing pomography or any other un welcome physical verbal or non-verbal conduct of somal ature. 3548 | Assaut or use of | Imprisonment of not | Cogrizable Non-ballable Any Magistrate criminal force to | oss than 3 years but woman with intent to | which may extend to7 srobe years and wit fineEmre mu, mom, che 2, 200 mie asic Voyeurism Imprisonment of not | Non-Cognizable | Bailablo Any Magistrate less than 1 year but which may extend to 3 years and with fine for first conviction Imprisonment of not | Cognizable Non-bailable Any Magistrate less than 3 year but which may extend to 7 years and with fine for second or subsequent ceonvietion asso | staking Imprisonment of not | Cognizable Non-bailable Any Magistrate less than 1 year but which may extend to 3 years and with fine (d) forthe entries relating to sections 270, the fllowing envies shall be substituted, namely: 1 2 3 4 6 6 “370 (1) Trateking of | Imprisonment of not | Cogrizable Non-bailable Court of Session person loss than 7 years but which may extend to 10 years and with fine. (2) Teaticking of more | Imprisonment of not | Cogrizable Non-bailable Court of Session than one person less than 10 years but which may extend to Imprisonment for tite ‘and with fine, @) Tracking of a | Imprisonment of not | Cogrizable Non-bailable Court of Session minor less than 10 years but which may extend to Imprisonment for ife (4) Teaticking of more | Imprisonment of not | Cogrizable Non-bailable Court of Session than one minor less than 14 years but which may extend to Imprisonment for ife (6) Pubic sorvant ora | imprisonment for ite | Cogrizable Non-bailable Court of Session police offcer involved | which shall mean the In traficking of minor | remainder of | that person's natural if (6) Person convicted | imprisonment for ite | Cogrizable Non-bailable Court of Session of offence of watiking | which shall mean the cof minor on more than | remainder of that cone eccasion person's natural if 3708 (1) Employing of a | Imprisonment of not | Cogrizable Non-bailable Court of Session trafficked child loss than 5 years but which may extend to 7 years and with fin,290 me ERELE BERS, moe, Se 9, 2002 (2) Employing of @ | imprisonment of not ] Cognizabie Nop-balable Cour of Session trafficked adult person | less than 3 years but which may extend to 7 years and with fine (c) for the entries relating to sections 376, 376A, 3768, 376C and 376D the following enties shal be substituted, namely 1 2 3 4 5 6 376 (1)Sewal assaut | Rigorous Cognizabie Nop-balable Cour of Session imprisonment of not loss than 7 years but which may extend to imprisonment for tie and with fine. (2) Sexual assautt by | Rigorous Cognizabie Nom-balable Cour of Session 2 police fier or a | imprisonment of not public servant or | less than 10 years but Member of armed | which may extend to forces or @ person | imprisonment for lite being onthe | and wth ine. ‘management or on the staff of a jail, remand home or other pace of custody of women's or children’s institution or by a person on the management or on the staff ofa hospital, and sewal assault committed by a person in a positon of trust or authority towards the person assauited or by a near relative of the person assauited 768 | Person commiting an | Rigorous Cognizabie Nom-balable Cour of Session offence of sexual | imprisonment of not assaut and inflicting | less than 20 years but injury which causes | which may extend to death or causes the | imprisonment for ite person to be ina | which shall mean the persistent vegetative | remainder of that state person's natural fe oF with death 3768 | Seal assault by the | imprisonment for not | Cognizable Non-balabie Cour of Session husband upon his wife | less than 2 years but | ut only on the uring separation | which may extend t07 | complaint of the years and with fine. | victim)289 Emre mu, mom, che 2, 200 mre a76c Sewual intercourse by | Rigorous Cognizable Non-bailable Court of Session person inauthoriy. | imprisonment for not loss than 5 years but which may extend to 10 years and with fin. a7eo | Sema! assaut by | Rigorous Copnizable Non-bailable Court of Session ang. Imprisonment of not less than 20 years but which may extend to Imprisonment for ite which shall mean the remainder of that person's natural ite ‘and compensation to the viet, 376 Repeat offenders | Imprisonment for fe | Cogrizable Non-bailable Court of Session which shall mean the remainder of that person's natural ie or wth death, (entry relating to section 509. in column 3, for the words “Simple imprisonment for one year. of fine CF both.”, the words "Simple - imprisonment for 3 years and with fine” shall be substituted. CHAPTER IV AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 419. Insertion of new Section 53A. After section 53 of he Indian Evidence Act, 1872 (1 of 1872) (hereafter in this Chapter rferred to as the Evidence Act), the folowing ction shall be inserted, namely:- "'S3A. Evidence of character or previous sexual experience not relevant in certain cases. Ina prosecution for an offence Under section 354, section 354A, section 3548, section 354C, sub-section (1) or sub-section (2) of section 376, section 376A, section 3768, section 376C, section 276D or section 376E ofthe Indian Penal Code or for attempt to commit any such offence, where the ‘question of consent isin issue, evidence ofthe character of the vicim of of such person's previous sexual experiance with any person shall not be relevant onthe issue of such consent or the quality of consent. (45 of 1860), 120, Substitution of new section for section 114A. For section 114A ofthe Evidence Act, the folowing section shall be substituted namely:- 1148. Presumption as to absence of consent in certain prosecution for sexual assault. In a prosocution for sexual assault under clause (a), clause (0), clause (c), clause (6), clause (e), clause (f), clause (g), clause (b), clause (), clause (), clause (W), clause () 0° clause (m) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent ofthe other person alleged to have been sexually assaulted and such other person states in that person's evidence before the court that such person did not consent, the court shall presume that such person didnot consent. (45 of 1860). Explanation.- In this section “sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (¢) of (48 of 1860) section 975 of the Indian Penal Code, 21. Substitution of new section for section 119, For section 119 of the Evidence Act, the following section shall be substituted, namely- "119, Witness unabl to communicate verbally. A witness who is unable to speak may give his evidence in any othermre mete cee ‘manner in which ho can make It intoligible, as by writing or by signs; bul such writing must be written and the signs made in open Court evidence so given shall be deemed to be oral evidence. Provided that ifthe witness is unable fo communicate verbally, the Court shall take the assistance of a special educator or Interpreter in recording the stalement, and such statement may be videagraphed.” 22, Amendment of section 4 In section 148 of the Evidence Act, for the proviso, the following proviso shall be substituted, namely- "Provided that in @ prosecution for an offence under sub-section (1) or sub-section (2) of section 376, section 376A, section ‘3768, section 376C, section 376D or section 376E ofthe Indian Penal Code or fr attempt to commit any such offence, where the ‘question of consent isan iseue, it shall nt be permissible to adduce evidence of fo put questions inthe cross-examination ofthe victim 25 to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent”. (48 of 1860). PRANAB MUKHERJEE, President P.K MALHOTRA, Secy. tothe Govt of india PR.27 eQnaut hi a u 0s meg 2013, slerincs, MINISTRY OF LAW AND JUSTICE (Legislative Department) Now Deli the 2 January, 2013/Pausa 12, 1934 (Saka) The following Act of Patiament received the assent of the President on the 1 January, 2079, and is hereby published for {general information. ‘THE CONSTITUTION (NINETY-EIGHTH AMENDMENT) ACT, 2012 (1 January 2013) ‘An Act further to amend the Constitution of India, Be it enacted by Parliament in the Siy-thrd Year ofthe Republic of India as follows 4. Short title and commencement. (1) This Act may be called the Constitution (Ninely-sighth Amendment) Act, 2012 {@) It shall come into force on such dale asthe Cental Government may, by notification in the Official Gazette, appoint. 2. Insertion of new article 3714. After article 371 | f the Constitution, the folowing article shal be inserted, namely ‘Special provisions with respect to State of Karnataka. “371J. (1) The President may, by order made with respect to the State of Kamataka, provide for any special responsibly of the Governor fr-